IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28545 of 2009(R)
1. KAMALAMMA,
... Petitioner
Vs
1. SANGEETHA NAIR,
... Respondent
2. SANTHOSH KUMAR,
3. VISWANATHA PANICKER,
For Petitioner :SRI.S.PRAKASH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :09/10/2009
O R D E R
R.BASANT & M.C. HARI RANI,JJ
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W.P.(C)NO. 28545 OF 2009
============================
DATED THIS THE 9TH DAY OF OCTOBER 2009
JUDGMENT
Basant,J.
The petitioner is one of the three judgment debtors in a
proceedings before the Family Court. The first respondent is
the decree holder. The first respondent has initiated steps in
execution. Steps are taken by the execution court for sale of an
item of property belonging to the petitioner and others pending.
According to the petitioner, she has only fractional rights in that
property. Ext.P2 claim petition is filed on 7-8-2009 which is
pending. She has filed Ext.P3 petition to review an order.
Before disposal of Exts.P2 and P3, the learned Judge of the
Family Court is now proceeding with further steps in execution for
sale of the property, contends the petitioner. The petitioner, in
these circumstances, has come to this court for issue of
appropriate directions.
WPC.28545/2009 -2-
2. We do not think it necessary that any specific
directions need be issued. If the petitioner has a grievance that
those petitions are to be considered, she has to make
appropriate request before the Execution Court for disposal of
such petition. We have no reason to assume that the learned
Judge of the Family Court will not follow procedure in accordance
with law and shall proceed to dispose of the property by sale in
execution before considering the relevant objections.
3. In these circumstances, this writ petition is dismissed.
Needless to say, the petitioner can make her representation
before the Execution Court and the Execution Court shall proceed
only in accordance with law and further steps in execution shall
be taken only after dealing with the grievances of the petitioner.
4. With the above observations, this writ petition is
dismissed.
R. BASANT, JUDGE
ks. M.C. HARI RANI,JUDGE
WPC.28545/2009 -3-
ks.